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(영문) 창원지방법원 진주지원 2019.10.16 2019고단921
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 10, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) directed two-lane roads in front of the D Hospital in Sacheon-si, where BG80 automobiles were located in D Hospital C in Sacheon-si, the two-lane roads in front of the E Bank in the direction of the Southern Bathing Beach.

The driver of a vehicle has a duty of care to thoroughly observe the lane, to thoroughly operate the operation and steering gear, and in particular, he/she has a duty of care to refrain from driving while driving is difficult due to influence of drinking.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 제동장치를 제대로 조작하지 못한 과실로 전방 2차로에 서 있던 피해자 F(여, 67세)의 몸통 부분을 차량 우측면 부분으로 충격하고 그 충격으로 피해자를 튕겨 도로에 넘어지게 하였다.

The Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as a thring of a 8 week therapy, to the victim.

2. Around 04:10 on May 10, 2019, the Defendant operated a passenger car B G80 under the influence of alcohol concentration of 0.11% at a distance of 50 meters from the road front of the D Hospital located in G in the same city as G in the front of the D Hospital in the same city at Scheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, a photographic, and a medical certificate;

1. Notification of the control results of drinking driving, report on the state of a drinking driver's state, and application of Acts and subordinate statutes to investigation reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and the choice of imprisonment for each sentence, respectively;

1. Aggravation of concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act;

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